Terms of service

General Terms and Conditions

aixFilter
Thomas Koppers

Eberburgweg 57
52076 Aachen

TEL +49 (0)241 468 274 60
FAX +49 (0)241 468 288 99

MAIL info@aixfilter.de

WEB www.aixfilter.de

VAT identification number:
DE196082690

Owner: Thomas Koppers

1. Scope of application
The following General Terms and Conditions shall apply to all contracts for deliveries and services between us and natural persons or legal entities, unless these are consumers within the meaning of § 13 BGB.

2. Acknowledgement of the general terms and conditions
The following terms and conditions shall apply to all deliveries and services unless other agreements have been made expressly and in writing. They shall also apply to all future contracts unless their validity is expressly objected to in individual cases. Conflicting or deviating terms and conditions of the contractual partner shall not be recognized. They shall not become part of the contract even if we do not expressly object to them.

3. Ancillary agreements, delivery dates
Ancillary agreements to the contract, in particular delivery dates agreed outside the written contract, must be confirmed in writing to be valid. This shall not apply to agreements made after conclusion of the contract.

4. Delivery, force majeure
Our offers are subject to change until the conclusion of the contract. Partial deliveries to a reasonable extent are permissible. In the case of delivery of welding consumables, excess or short deliveries of up to 5% of the total order quantity shall be permissible. We shall be entitled to round up ordered delivery quantities to the next largest or next possible dispatch quantity. In the event of force majeure and other unforeseeable, extraordinary and non-culpable circumstances - e.g. in the event of material procurement difficulties, operational disruptions, strikes, lockouts, lack of means of transport, official interventions, energy supply difficulties and the like - even if they occur with upstream suppliers - any delivery period shall be extended to a reasonable extent if we are thereby prevented from fulfilling our obligation in a timely manner. This shall not apply if we are responsible for taking over the goods, taking precautions or averting the delay. If the aforementioned circumstances make performance impossible or unreasonable for us, we shall be released from our performance obligation. If the delay in delivery lasts longer than two months, the contractual partner shall be entitled to withdraw from the contract. If the delivery time is extended, if we are released from the obligation to perform or if the contractual partner withdraws from the contract, the contractual partner may not derive any claims for damages from this, provided that the aforementioned reasons exist. We may only invoke the aforementioned circumstances if we notify the contractual partner thereof without delay.

5. Shipment and transfer of risk
Unless otherwise agreed, the place of performance for our obligation is our place of business. Our deliveries shall be made in accordance with § 447 of the German Civil Code (BGB), insofar as we are responsible for the shipment. This does not apply insofar as we deliver with our own vehicles, nor in the case of mail order purchases. Insurance against transport damage shall only be taken out at the express request and expense of the contractual partner. The costs of transport and packaging will be charged separately, unless otherwise agreed. Within the framework of the regulations of the packaging ordinance we take back the packaging. The contractual partner shall be obliged to deliver the packaging at its own expense, cleaned, free of foreign substances and, if necessary, sorted according to different types of packaging. In the event of non-fulfillment of this obligation, we shall be entitled to charge the contractual partner with the additional costs incurred by cleaning and sorting.

6. Price increases
If the contract has been concluded at our usual prices and if the material and processing costs on which our calculation is based increase between conclusion of the contract and acceptance without this being our fault, we shall be entitled to increase our prices accordingly by the increased costs.

7. Samples, cost estimates
Samples shall be invoiced separately. Cost estimates shall be remunerated unless otherwise agreed.

8. Copyrights, confidentiality
We reserve the property rights and copyrights to illustrations, drawings, hand samples and other documents which we hand over to our contractual partner in connection with the processing of the order. They may not be made accessible to third parties without our consent and must be returned to us immediately upon request. Unless otherwise expressly agreed, information provided to us by the contractual partner in connection with the order and its processing shall not be deemed confidential.

9. Terms of payment
All prices quoted are exclusive of the applicable value added tax. Unless otherwise agreed, our invoices are payable within 10 days without deduction. We reserve the right to refuse bills of exchange. In any case, they shall only be accepted on account of payment. Discount and bill charges shall be borne by our contractual partner and are due immediately. Interest on arrears shall be charged at 8% p.a. above the prime rate. The assertion of a higher damage caused by default remains open to us.
With counterclaims which are not expressly recognized by us or legally established, a set-off against our claims is not permissible. If our contractual partner culpably defaults on its payment obligations, we shall be entitled to withhold our own delivery and service obligations arising from the contractual relationship. We shall be entitled to request the contractual partner to provide security for the payment claims arising from the contract, setting a reasonable deadline. If this period expires unused, we may withdraw from the contract or declare the entire payment obligation of the contractual partner due. In the latter case, we shall be obliged to discount the amount not yet due at the contractual interest rate at which we refinance ourselves.

10. Warranty due to defects
We warrant our deliveries and services to be free from defects for a period of one year from handover. The statutory provision shall apply in the event that we supply building materials which lead to the defectiveness of a building. If defects occur in the goods or services supplied by us within the warranty period, we shall be entitled, at our discretion, to remedy the defect by repair or replacement.
Only after two attempts at subsequent performance have failed shall the contracting party be entitled, at its option, either to demand a reduction in payment (abatement) or to withdraw from the contract. Insofar as we renew parts within the scope of subsequent improvement, the warranty period shall not be extended as a result. The contractual partner shall be obliged to inspect the goods immediately upon arrival, insofar as this is feasible in the ordinary course of business, and to notify us immediately if a defect becomes apparent. If he fails to do so, the goods shall be deemed to have been approved, unless the defect was or would have been undetectable during the inspection. If such a defect is discovered later, the notification must be made immediately after discovery, otherwise the goods shall be deemed approved also in view of this defect. The timely dispatch of the notification shall be sufficient to safeguard the rights of the contractual partner. Defects in a part of the delivery shall not entitle the contracting party to complain about the entire delivery, unless the defect-free part would be of no interest to the contracting party. Claims of our contractual partner from § 478 BGB remain unaffected.

11. Damages, rescission due to breach of duty, warranty
Any claims for damages on the part of the contractual partner exceeding the warranty claims due to breach of duty on our part shall be excluded. Excluded from this are damages from injury to life, body or health if we are responsible for the breach of duty and other damages based on an intentional or grossly negligent breach of duty on our part.
Our breach of duty is equivalent to that of a legal representative or vicarious agent. The aforementioned limitation of liability shall also not apply if damages are claimed due to a breach of a material contractual obligation for which we are responsible. In this case, however, our liability shall be limited to the damage typical for the contract and reasonably foreseeable. If we are responsible for a breach of duty, the contracting party shall be entitled to rescind the contract under the statutory conditions, unless a defect is involved. If we have given a guarantee, we shall be liable within the framework of the statutory provisions. Our liability under the Product Liability Act shall remain unaffected by the above.

12. Retention of title
All goods delivered shall remain our property (reserved goods) until full payment of all claims against the contractual partner arising from the entire business relationship, irrespective of the legal grounds.
The retention of title shall also extend to the acknowledged balance insofar as we book claims against the contractual partner to current account (current account retention).
In the event of culpable breach of contract by the contractual partner, in particular in the event of default in payment, we shall be entitled to take back the reserved goods. The contractual partner shall be obliged to insure the reserved goods against the risk of accidental loss, in particular theft, fire, breakage and water damage at his own expense and to provide us with evidence of the conclusion of the insurance policy upon request. He shall carry out repair, maintenance and servicing work on the reserved goods at his own expense, insofar as such work is necessary. The contractual partner shall be entitled to resell the reserved goods in the ordinary course of business. In the event of resale, he hereby assigns to us all claims and other claims (including VAT) against his customer or third parties to which he is entitled from the resale, including all ancillary rights, irrespective of whether the goods subject to retention of title have been resold without or after further processing. We accept this assignment.
The contractual partner shall be entitled to collect the claims arising from the resale even after assignment as long as he duly meets his contractual obligations, in particular payment obligations, and is not in default of payment.
He shall hold any money received in trust and transfer it to us insofar as our claim still exists. If the contractual partner processes goods subject to retention of title, transforms them or processes them with other goods, this shall always be done on our behalf and we shall be entitled to co-ownership of the new items in the ratio of the value of the processed goods subject to retention of title to the other goods at the time of processing or transformation. The contracting party hereby assigns to us its co-ownership shares, if any, resulting from the combination, blending or mixing of the delivered goods with other goods,
we accept this transfer. The contractual partner shall hold the item in safe custody for us with due commercial care. The contractual partner hereby assigns to us the claims to which it is entitled from the resale or any other legal reason relating to the reserved goods in the amount of the value of the co-ownership share to secure all our claims from the business relationship; we accept this assignment. At our request, the contracting party shall notify its third-party debtors of the assignment, request them to make payment only to us and otherwise provide us with all documents and information required to assert the claim. We shall also be entitled to disclose the assignment ourselves at our discretion. The assertion of rights arising from the agreed reservation of title in the event of default in payment on the part of our contractual partner, including the demand for surrender, shall not be deemed to be a withdrawal from the contract unless we have expressly declared this. The seizure of the reserved goods by us shall always constitute a withdrawal from the contract. In the event of seizure or other access by third parties to the reserved goods or the assigned claims, the contractual partner must notify us immediately in writing and hand over the documents required for intervention. Insofar as the third party is not in a position to reimburse us for the judicial or extrajudicial costs of an action pursuant to § 771 ZPO, the contractual partner shall be liable for the loss incurred by us.

13. Release clause
If the realizable value of the securities to which we are entitled in accordance with clause 12 exceeds our total claim from the business relationship by more than 120%, the contractual partner shall be entitled to demand, at his discretion, the retransfer of existing securities up to the amount of the excess. Furthermore, aixFilter Thomas Koppers, Aachen, reserves the right to demand securities if necessary. This applies in particular to new customers.

14. Data protection
In accordance with our obligation under the Data Protection Act, we point out that we electronically store the data of our contractual partners required for the execution of the business process.

15. Place of jurisdiction
The place of jurisdiction for all disputes arising between the parties from the contractual relationship is the location of our headquarters, Aachen.

16. Applicable law
The mutual obligations arising from the contract shall be governed exclusively by the law of the Federal Republic of Germany.

Disclaimer

1. Content of the online offer
The author reserves the right not to be responsible for the topicality, correctness, completeness or quality of the information provided. Liability claims against the author, which refer to material or immaterial nature caused by use or disuse of the information or the use of incorrect or incomplete information are excluded, unless the author is not intentional or grossly negligent fault. All offers are subject to change and non-binding. The author expressly reserves the right to change, supplement or delete parts of the pages or the entire offer without prior notice or to discontinue the publication temporarily or permanently.

2. References and links
The author is not responsible for any contents linked or referred to from his pages - unless he has full knowledge of illegal contents and would be able to prevent the visitors of his site fromviewing those pages. The author hereby expressly declares that at the time the links were created, no illegal content was identifiable on the linked pages. The author has no influence on the current and future design, content or authorship of the linked pages. Therefore, he hereby expressly dissociates himself from all contents of all linked pages that were changed after the link was set. This statement applies to all links and references set within the own Internet offer as well as to external entries in guest books, discussion forums, link directories, mailing lists set up by the author and in all other forms of databases to whose content external write access is possible. For illegal, incorrect or incomplete contents and especially for damages resulting from the use or non-use of such information, only the provider of the linked page is liable, not the one who has linked to the respective publication.

3. Copyright and trademark law
The author endeavors to observe the copyrights of the images, graphics, sound documents, video sequences and texts used in all publications, to use images, graphics, sound documents, video sequences and texts created by himself or to use license-free graphics, sound documents, video sequences and texts. All brand names and trademarks mentioned on the website and possibly protected by third parties are subject without restriction to the provisions of the applicable trademark law and the ownership rights of the respective registered owners. The mere mention of a trademark does not imply that it is not protected by the rights of third parties! The copyright for published objects created by the author himself remains solely with the author of the pages. Any duplication or use of objects such as diagrams, sounds or texts in other electronic or printed publications is not permitted without the author's agreement.

4. Data protection
If the opportunity for the input of personal or business data (email addresses, name, addresses) is given, the input of these data takes place voluntarily. The use and payment of all offered services are permitted - if and so far technically possible and reasonable - without specification of any personal data or under specification of anonymized data or an alias. The use of published postal addresses, telephone or fax numbers and email addresses for marketing purposes is prohibited, offenders sending unwanted spam messages will be punished. We expressly reserve the right to take legal action against the senders of so-called spam mails in the event of violations of this prohibition.

5. Legal validity of this disclaimer
This disclaimer is to be regarded as part of the internet publication which you were referred from. If sections or individual terms of this statement are not legal or correct, the content or validity of the other parts remain uninfluenced by this fact.